September 11, 1997
A part-time Town Judge who is an attorney, may not accept an assignment
to sit as an Acting City Court Judge while he/she has matters pending in
the City Court.
22 NYCRR 100.6 (B).
A Town Justice who also practices law inquires whether it is appropriate to sit as an Acting City Court Judge while he/she has matters pending before other judges in the City Court. The judge further inquires whether it is proper to accept such an assignment in the event that he/she has no matters pending in that Court.
The judge must refuse the assignment or withdraw from all matters pending
before the City Court. Section 100.6 (B) of the Rules Governing Judicial
Conduct, states, in part, that "A part-time judge shall not practice law
in the court in which the judge serves...". There is, however, no ethical
bar to accepting such an assignment in the event the judge has no private
practice matters pending before the City Court.